At Market Issuance Sales Agreement Sample Contracts

FUELCELL ENERGY, INC. Common Stock (Par Value $0.0001 Per Share) at Market Issuance Sales Agreement (June 13th, 2018)
GERON CORPORATION Common Stock (Par Value $0.001 Per Share) at Market Issuance Sales Agreement (May 18th, 2018)

Geron Corporation, a Delaware corporation (the "Company"), confirms its agreement (this "Agreement") with B. Riley FBR, Inc. ("B. Riley FBR"), as follows:

AGENUS INC. Common Stock (Par Value $0.01 Per Share) at Market Issuance Sales Agreement (May 11th, 2018)
American Brewing Company, Inc. – NEW AGE BEVERAGES CORPORATION Common Stock (Par Value $0.001 Per Share) at Market Issuance Sales Agreement (March 23rd, 2018)
Digital Power Corporation – Common Stock ($0.001 Par Value Per Share) at Market Issuance Sales Agreement (February 27th, 2018)
At Market Issuance Sales Agreement (December 29th, 2017)
Oculus Innovative Sciences – SONOMA PHARMACEUTICALS, INC. Common Stock (Par Value $0.0001 Per Share) at Market Issuance Sales Agreement (December 8th, 2017)
At Market Issuance Sales Agreement (December 5th, 2017)
Copytele – At Market Issuance Sales Agreement (November 17th, 2017)

ITUS Corporation, a Delaware corporation (the Company), confirms its agreement (this Agreement) with B. Riley FBR, Inc. (the Agent) as follows:

Copytele – ITUS CORPORATION Common Stock (Par Value $0.01 Per Share) at Market Issuance Sales Agreement (September 29th, 2017)

ITUS Corporation, a Delaware corporation (the Company), confirms its agreement (this Agreement) with FBR Capital Markets & Co. (FBR) as follows:

Armour Residential R – At Market Issuance Sales Agreement (August 31st, 2017)

ARMOUR Residential REIT, Inc., a Maryland corporation (the "Company"), and ARMOUR Capital Management, LP (the "Manager") confirm their agreement (this "Agreement") with FBR Capital Markets & Co. ("FBR" or the "Agent"), as follows:

Hannon Armstrong Sustainable In – Hannon Armstrong Sustainable Infrastructure Capital, Inc. Common Stock ($0.01 Par Value) AT MARKET ISSUANCE SALES AGREEMENT (August 4th, 2017)
Hannon Armstrong Sustainable In – Hannon Armstrong Sustainable Infrastructure Capital, Inc. Common Stock ($0.01 Par Value) AT MARKET ISSUANCE SALES AGREEMENT (August 4th, 2017)
At Market Issuance Sales Agreement (August 4th, 2017)
Southern Missouri Bancorp, Inc. – At Market Issuance Sales Agreement (June 9th, 2017)
TG THERAPEUTICS, INC. Common Stock (Par Value $0.001 Per Share) at Market Issuance Sales Agreement (May 26th, 2017)
Galectin Therapeutics Inc. – GALECTIN THERAPEUTICS INC. Common Stock (Par Value $0.001 Per Share) at Market Issuance Sales Agreement (May 19th, 2017)

Galectin Therapeutics Inc., a Nevada corporation (the Company), confirms its agreement (this Agreement), with FBR Capital Markets & Co. (FBR), as follows:

Constellation Energy Prtnrs – SANCHEZ PRODUCTION PARTNERS LP Common Units Representing Limited Partner Interests at Market Issuance Sales Agreement (April 6th, 2017)

Sanchez Production Partners LP, a Delaware limited partnership (the Partnership), confirms its agreement (this Agreement) with FBR Capital Markets & Co. (FBR) as follows:

PLUG POWER INC. Common Stock (Par Value $0.01 Per Share) at Market Issuance Sales Agreement (April 3rd, 2017)

Plug Power Inc., a Delaware corporation (the Company), confirms its agreement (this Agreement) with FBR Capital Markets & Co. (FBR) as follows:

Asterias Biotherapeutics, Inc. – Amendment No. 1 to at Market Issuance Sales Agreement (March 28th, 2017)
At Market Issuance Sales Agreement (February 27th, 2017)

Novavax, Inc., a Delaware corporation (the "Company"), confirms its agreement (this "Agreement") with FBR Capital Markets & Co., a Delaware limited liability company ("FBR"), as follows:

PSIVIDA CORP. Common Stock (Par Value $0.001 Per Share) at Market Issuance Sales Agreement (February 8th, 2017)

pSivida Corp., a Delaware corporation (the Company), confirms its agreement (this Agreement), with FBR Capital Markets & Co. (FBR), as follows:

CNB Financial Corporation – CNB FINANCIAL CORPORATION Up to $20,000,000 of Common Stock, No Par Value at Market Issuance Sales Agreement (January 31st, 2017)
AMERICAN SUPERCONDUCTOR CORPORATION Common Stock (Par Value $0.01 Per Share) at Market Issuance Sales Agreement (January 27th, 2017)

American Superconductor Corporation, a Delaware corporation (the Company), confirms its agreement (this Agreement), with FBR Capital Markets & Co. (FBR), as follows:

At Market Issuance Sales Agreement (December 30th, 2016)

ParkerVision, Inc., a Florida corporation (the "Company"), confirms its agreement (this "Agreement") with FBR Capital Markets & Co. ("FBR") as follows:

ENPHASE ENERGY, INC. Common Stock (Par Value $0.00001 Per Share) at Market Issuance Sales Agreement (December 23rd, 2016)

Enphase Energy, Inc., a Delaware corporation (the Company), confirms its agreement (this Agreement) with FBR Capital Markets & Co. (FBR), as follows:

City Holding Company – At Market Issuance Sales Agreement (December 19th, 2016)
Kindred Biosciences, Inc. – At Market Issuance Sales Agreement (December 19th, 2016)

Kindred Biosciences, Inc., a Delaware corporation (the "Company"), confirms its agreement (this "Agreement") with FBR Capital Markets & Co. ("FBR") as follows:

Lakeland Bancorp, Inc. – LAKELAND BANCORP, INC. Up to $50,000,000 of Common Stock (No Par Value Per Share) at Market Issuance Sales Agreement (December 9th, 2016)
Onconova Therapeutics Inc. – ONCONOVA THERAPEUTICS, INC. Shares of Common Stock (Par Value $0.01 Per Share) at Market Issuance Sales Agreement (December 5th, 2016)

Onconova Therapeutics, Inc., a Delaware corporation (the Company), confirms its agreement (this Agreement) with FBR Capital Markets & Co. (the Agent), as follows:

Unity Bancorp, Inc. – UNITY BANCORP, INC. Common Stock (No Par Value Per Share) at Market Issuance Sales Agreement (December 2nd, 2016)
FORTRESS BIOTECH, INC. Common Stock (Par Value $0.001 Per Share) Amended and Restated at Market Issuance Sales Agreement (August 17th, 2016)
Customers Bancorp – At Market Issuance Sales Agreement (August 11th, 2016)
Anworth Mortgage Asset Corporation – ANWORTH MORTGAGE ASSET CORPORATION Common Stock (Par Value $0.01 Per Share) 6.25% Series B Cumulative Convertible Preferred Stock (Par Value $0.01 Per Share) 7.625% Series C Cumulative Redeemable Preferred Stock (Par Value $0.01 Per Share) AT MARKET ISSUANCE SALES AGREEMENT (August 10th, 2016)

ANWORTH MORTGAGE ASSET CORPORATION, a Maryland corporation (the Company), and ANWORTH MANAGEMENT LLC, a Delaware limited liability company (the Manager), confirm their agreement (this Agreement) with FBR Capital Markets & Co. (FBR), as follows:

Bluerock Residential Growth REIT, Inc. – BLUEROCK RESIDENTIAL GROWTH REIT, INC. Class a Common Stock (Par Value $0.01 Per Share) at Market Issuance Sales Agreement (August 8th, 2016)

Bluerock Residential Growth REIT, Inc., a Maryland corporation (the "Company"), together with Bluerock Residential Holdings, L.P., a Delaware limited partnership (the "Operating Partnership" and together with the Company, the "Transaction Entities") and BRG Manager, LLC, a Delaware limited liability company (the "Manager") confirms its agreement (this "Agreement") with FBR Capital Markets & Co. ("FBR") (the "Agent") as follows: